Access to public information in Montenegro
From Wikipedia, the free encyclopedia
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.[1]
In Montenegro, access to information is a right guaranteed by the Constitution and regulated under the law. Montenegro first adopted the Law on Free Access to Information in 2005; in 2013 a new law entered into force, providing a better standard of protection for freedom of information than the previous legal act.[2] However, despite some positive developments achieved with the adoption of the new Law, Montenegro still has problems with its implementation.[3]
Recently, Montenegro started the process of reforming the current law: a draft proposal was formulated by the Culture of Ministry in 2016 following some pressure from the European Union to align Montenegrin legislation with EU standards.[3]
The Constitution of Montenegro states, in Article 51, that everyone shall have the right of access to public information held by state authorities and organisations exercising public functions.[2] Furthermore, the 2013 Law on Free Access to Information establishes a precise procedure for obtaining public information. The law entitles any natural or legal person the right to access information held in any form by state and local authorities, public companies and other entities which exercise public functions. Public authorities have 15 working days for deciding on the disclosure of a required information.[2]
The new law introduced a new supervisory body, called Agency for the Protection of Personal Data and Free Access to Information which works on the appeal process of freedom of information requests.[2] Another positive development in the 2013 law is the introduction of fines to be imposed upon public bodies which fail to fulfill with their duties with regard to access to information.[2]